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Dave Howard
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Dave Howard’s Answers

20 total


  • As a parent can I get into any kind of trouble or charges for letting my underage son be with a girl overage?

    I allowed my underage son be with a girl that is overage, and now I wanna make a report on her. It's been over 2 years

    Dave’s Answer

    Wow. You say you approved of your underage son "being with" an older girl. I assume your son was 16 or younger at the time and the girl was 19 or older. In Texas, it's not illegal for someone to have sex with someone under 17 if they are within 3 years of each other. If she was older than that, yes, it's sexual assault. But we have to talk about your motive here. It sounds kind of vicious. Why would you do that to someone, especially after 2 years? What does your son think about this? Many prosecutors would look cross-eyed at you for trying to do this, also. Could you be charged with endangering a child? Perhaps.

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  • Can they stop him from ever living with me or us being together period

    My boyfriend/fiancee just wrote me a letter stating he seen parole last friday and he gave them my address and phone number and they said he couldn't live with me because they say I'm a victim but I'm not a victim last year he was high on drugs an...

    Dave’s Answer

    Your fact scenario is confusing. 12 months probation sounds like a misdemeanor. Parole is for a felony that someone went to prison for. Which is it? Ultimately, they can't prevent him from "ever" living with you. As long as he's on paper, they can set conditions for him including no contact with you. But once that's done, he can live wherever he wants.

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  • There are six jurors how many do i need to win case

    have a one year hospitalization order because of N.G.R.I.status going to jury trial to overturn status on hospitalization order

    Dave’s Answer

    A jury of six must find you guilty unanimously, so you need 1 juror to hold out for innocence.

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  • Why would I get arrested only to be let go only to have a warrant out for my arrest? Why not take me straight in to jail!???

    So I got accused of stealing money from my job they would never give me a time date or could even show proof that I stole anything.. They had me arrested and the cop had to call the d.a to see if I should go to jail or not. However he never took m...

    Dave’s Answer

    In general in Texas, a warrant is required to make an arrest. The police can't make an arrest on the spot unless they witness the crime, except for family violence or a felony. I assume your case is a misdemeanor and they didn't witness it. That's why they had to let you go and get a warrant. Get a lawyer to check on the warrant, talk to a bondsman about getting released and then turn yourself in. If you have a lawyer he can show up with you and shorten the time it takes to get released on bond.

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  • Can a bail bondsman give some of the money I put up as bail to the attorney for fees?

    I was told bail was $10,000 for a friend, I put it up and later was told it turned out to be only $1,600 and the rest went to attorney fees. I don't remember authorizing this? The bail bondsman said that just the way it works? Is this right?

    Dave’s Answer

    I've never heard of a bond company paying for an attorney. They're not even allowed to recommend an attorney, much less hire one. The bond amount is the amount the court requires be posted. That apparently was $10,000. The fee you paid the bondsman, $1600, was for the bondsman to promise to pay the court $10,000 if the defendant doesn't show up for court. I think you misunderstood what the bondsman was saying.

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  • If i get a criminal record as under 17, will it affect my parents job?

    So i got caught shoplifting which i know i should not do, it was under $50.

    Dave’s Answer

    If your parents work at Walmart and you came to work with one of them and stole stuff and Walmart thinks your parents knew about it, then yes, it could affect their jobs. Other than that it's highly unlikely. If you have a clean record, every municipal or JP court I know about offers a way to do some community service, pay a fee (not a fine) and take a class in order to get the case dismissed, even if you show up without a lawyer. Then after 6 months you can get it expunged, which means erased. Theft convictions are terrible things to have. 30 years later someone could turn you down for a job over that. At least speak to a local lawyer about how the courts work in your county.

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  • Will the reinstate my probation

    I'm in court for motion to revoke on first misdemeanor charge of theft of services

    Dave’s Answer

    Apparently you are on probation for theft and are being accused of violating the conditions. What's your question?

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  • Did I commit an assault for trying to get away after being assaulted?

    After being assaulted, the person who assaulted me blocked the door on purpose. I had to force my way out. I might have pushed him out of my way in self defense.

    Dave’s Answer

    The way you describe it, not only did you NOT commit an assault, but the person who assaulted you also committed unlawful restraint by blocking the door. You don't say anything about the police being involved. If you want this person charged with assault, call the police and tell them everything, including his trying to stop you from escaping.

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  • Can I do anything to get off of probation and start my life?

    I have been on probation now for 17mo. My crime is felony retaliation. I ran my mouth off to a cop while detained in the back of a cop car after being kneed in the back, shoved around and tazed (all of which was recorded but coincidentally the tap...

    Dave’s Answer

    If the regular judge said he expects you to complete 2/3 of the probation, that's probably the end of that question unless you have evidence to change his mind about it. What the visiting judge said and what the PO said are not binding on the judge. He's entirely within his authority to make you complete 100% of your probation. If you've paid your fees and done all the classes and community service, it sounds like you have a decent chance to get off early, but only if the judge agrees. Talk to an attorney about any specific issues and at least be ready to file when you get 2/3 of the way through. Good luck.

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  • Can I have this taken off my record

    I am being charged with an assault bodily injury. I told the cops nothing happened then changed my story. I threatened her friend by saying "I will hurt you" a few months back as well and the cops now have that proof. Will this be on my record? if...

    Dave’s Answer

    You say you "changed your story" but you don't say how that affects the assault charge. Did you admit the assault? If you threatened someone, you could be charged with terroristic threat, but assault means physical contact that results in pain or injury. If you are not charged with terroristic threat by now, you may not be unless the victim of that threat reported it. If you didn't cause bodily harm, you may be able to beat that charge. You need an attorney to work through these issues.

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